Stricken language would be deleted from and underlined language would be added to present law.
As Engrossed:
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State of Arkansas
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91st General Assembly
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Regular Session, 2017
H3/10/17
A Bill
HOUSE BILL 1870
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By: Representative Lemons
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By: Senator L. Eads
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For An Act To Be Entitled
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AN ACT CONCERNING THE DUTIES OF A JUSTICE OF THE
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PEACE; AND FOR OTHER PURPOSES.
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Subtitle
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CONCERNING THE DUTIES OF A JUSTICE OF THE
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PEACE.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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SECTION 1.
Arkansas Code § 18-41-103(c), concerning advances for
supplies, is amended to read as follows:
(c)
This lien may be enforced by an action of attachment before any
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court or justice of the peace having jurisdiction, and the lien for advances
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and for rent may be joined and enforced in the same action.
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SECTION 2.
Arkansas Code § 18-41-108 is amended to read as follows:
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18-41-108.
Attachment to enforce.
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(a)
Any landlord who has a lien on the crop for rent shall be entitled
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to bring suit before a justice of the peace or in the circuit court, as the
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case may be, having jurisdiction and have a writ of attachment for the
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recovery of it, whether the rent is due or not, in the following cases:
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(1)
premises without paying the rent; or
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When If the tenant is about to remove the crop from the
(2)
When If he or she has removed the crop, or any portion
thereof, without the consent of the landlord.
(b)(1)
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Before the writ of attachment shall issue is issued, the
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landlord or his or her agent or attorney shall make and file an affidavit of
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one (1) of the facts provided for in under subdivision (a)(1) or subdivision
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(a)(2) of this section, that the amount claimed which shall be therein stated
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is or will be due for rent, or will be the value of the portion of the crop
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agreed to be received as rent, stating the time when the rent became or would
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become due and that he or she has a lien on the crop for rent.
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(2)
The landlord or his or her agent or attorney shall file with
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the justice or clerk, as the case may be, of the court a bond to the
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defendant, with sufficient security, in double the amount of his or her
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claim, as sworn to, conditioned that he or she will prove his or her debt or
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demand and his or her lien in a trial of law, or that he or she will pay
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damages as shall be adjudged against him or her.
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(c)
The writ of attachment may be levied on the crop in the possession
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of the tenant or anyone holding it in his or her right or in the possession
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of a purchaser from him or her with notice of the lien of the landlord.
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(d)
If the rent shall is not be due at the commencement of the suit,
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the trial shall be stayed until it becomes due, and the attachment, at any
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time before final trial, may be dissolved in the manner prescribed by law,
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and the cause proceed as other suits.
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SECTION 3.
Arkansas Code § 18-42-109 is amended to read as follows:
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18-42-109.
Proceedings to enforce liens.
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Proceedings for the enforcement of liens provided for in under this
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chapter shall be are governed in the circuit court by the law regulating
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mechanics' liens and before justices of the peace by the law regulating
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attachments before justices.
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SECTION 4.
Arkansas Code § 18-43-106(a)(1), concerning the
jurisdictional amount for certain small liens, is amended to read as follows:
(a)(1)
Every person who has a lien as provided in this section and §§
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18-43-101, 18-43-104, 18-43-105, 18-43-107--18-43-110, and 18-43-112--18-43-
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117 and wishes to avail himself or herself of the lien shall, if the amount
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is less than one hundred dollars ($100), and may, at his or her own
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discretion, if the amount does not exceed three hundred dollars ($300), go
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before any justice of the peace in the county where the lien exists by an
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action before a court having jurisdiction.
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SECTION 5.
Arkansas Code § 18-43-107(a)(1), concerning notice, is
amended to read as follows:
(a)(1)
The justice of the peace party initiating the action shall
cause notice to be given to the defendant in the usual way.
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SECTION 6.
Arkansas Code § 18-45-101(b), concerning sales of personal
property, is amended to read as follows:
(b)
Lienholders shall give a bond in the sum to be fixed by a justice
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of the peace or circuit judge before they shall proceed to sell, by
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proceeding in accordance with the requirements of this section.
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SECTION 7.
Arkansas Code § 18-45-205 is amended to read as follows:
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18-45-205.
Filing of notice and bond required.
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(a)(1)
The lienholder shall file with one (1) of the justices of the
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peace in the township where his or her place of business is located a court
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having jurisdiction a notice similar to the ones required in under § 18-45-
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204 to be posted.
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(2)
The justice court shall note upon in the notice the amount
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of a bond, for the protection of the debtor or property owner in the event,
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if the lienholder is not entitled to the lien and for the payment of any
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damages if the sale is wrongfully made.
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(b)
The lienholder shall file a bond so conditioned and in such sum
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with the justice of the peace court, and the surety thereon shall be approved
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by the justice of the peace court before making the sale provided for in
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under this subchapter.
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SECTION 8.
Arkansas Code § 18-46-114 is amended to read as follows:
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18-46-114.
Release on satisfaction or waiver of lien required.
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(a)
When If a lien has been satisfied or waived, the practitioner,
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nurse, hospital, or ambulance service provider that established or waived it
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shall, on written demand and at the expense of the patient, or the person by
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whom the patient was injured, or by the insurer obligated by reason of the
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injury, give a written release, duly acknowledged before a justice of the
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peace or notary public.
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(b)(1)
Any practitioner, nurse, hospital, or ambulance service
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provider that refuses or fails under the circumstances stated, for a period
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of five (5) days or more after a written demand is made for a release, to
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execute and deliver the release shall be is liable to the demandant for any
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injury or damage that results from refusal or failure.
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(2)
In any event he He or she shall forfeit to the demandant the
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sum of twenty-five dollars ($25.00), which may be recovered in any an action
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for damages because of the failure, or in a civil action before a justice of
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the peace court having jurisdiction, as the circumstances of the case
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require.
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SECTION 9.
Arkansas Code § 18-48-303 is amended to read as follows:
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18-48-303.
Filing of claim –– Summons.
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(a)(1)
At any time within twenty (20) months after the right of action
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accrues, the owner of the male animal may file a written statement with any
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justice of the peace in the county bring a civil action before a court having
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jurisdiction.
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(2)
This statement The petition shall be duly verified and shall
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set forth the amount of the claim, the cause of action, and a description of
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the animal upon which there is a lien.
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(b)
The justice court shall thereupon issue summons as in other cases
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and embody in the summons a description of the animal and an order to the
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constable law enforcement officer to take the animal and her offspring, if
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there is offspring, and hold it or them subject to the order of the court.
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/s/Lemons
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